PUBLIC INTERNATIONAL LAW REVIEWER

PUBLIC INTERNATIONAL LAW REVIEWER CHAPTER ONE INTERNATIONAL LAW – a body of rules and principles of action which are binding upon civilized states in their relations to one another (Traditional Definition) NOTE: Schwarzenberger defines international law as the body of legal rules which apply between sovereign states and such other entities as have been granted international personality. GRAND DIVISIONS OF INTERNATIONAL LAW 1. Laws of Peace 2. Laws of War 3. Laws of Neutrality THEORIES ON MUNICIPAL VS INTERNATIONAL LAW 1. MONISTS - Believe in the oneness and unity of all law - The main reason for the essential identity of the two spheres of law is… that some of the fundamental notions of international law cannot be comprehended without the assumption of a superior legal order 2. DUALISTS - Believe in the dichotomy of the law Distinctions Based on Dualists: a) Municipal law is issued by a political superior for observance by those under its authority whereas international law is not imposed upon but simple adopted by states as a common rule of action among themselves b) Municipal law consists mainly of enactments from the law making authority of each state whereas international law is derived not from any particular legislation but from such sources as international customs, international conventions and the general principles of law c) Municipal law regulates the relations of individuals among themselves or with their own states whereas international law applieas to the relations inter se of states and other international persons d) Violations of municipal law are redressed through local administrative and judicial processes whereas questions of international law are resolved through state-to-state transactions e) Breaches of municipal law, generally, entail only individual responsibility whereas international law is usually collective that it attaches directly to the state 1 | Notes on “Public International Law by Isagani Cruz, 1998 Edition” Outline by Charles Bautista, Arellano University School of Law

NOTE: It is possible for a principle of municipal law to become part of international law as when the principle is embodied in a treaty or convention. NOTE FURTHER: It is a universally accepted postulate that with or without an express declaration to this effect, states admitted to the family of nations are bound by the rules prescribed by it for the regulation of international intercourse. DOCTRINE OF INCORPORATION – recognition of the principles of international law as part of law of the land CASE STUDY: Kuroda vs Jalandoni Facts: - Shigenori Kuroda, the commanding general of the Japanese Imperial Forces in the Philippines during the Japanese occupation was charges before the Philippine Military Commission of war crimes. He questioned the constitutionality of Executive Order No .68 which created the National War Crimes Office and prescribed riles on the trial of war criminals. He contended that the Philippines is not a signatory to the Hague Convention on Rules and Regulations covering land warfare. Issue: - Whether or not Executive Order No. 68 is valid and constitutional? Held: - YES, Executive Order No. 68 is valid and constitutional. Article 2 of the Constitution of the Philippines provide “The Philippines renounces war as an instrument of national policy and adopts the generally accepted principles of international law as part of the law of the nation. The Hague Convention outlines methods of settling war crimes which have become generally accepted principles of international law DOCTRINE OF TRANSFORMATION – generally accepted rules of international law are not per se binding upon the state but must first be embodied in legislation PACTA SUNT SERVANDA – an internationally accepted principle which literally means “agreements must be kept” which is the basis for the observance of treaty stipulations CONSTITUTION – a body of fundamental rules and principles, or established precedents according to which a state is organized and set to be governed

2 | Notes on “Public International Law by Isagani Cruz, 1998 Edition” Outline by Charles Bautista, Arellano University School of Law

TREATY – according to the Vienna Convention on the Law of Treaties, it is an international agreement concluded between States in written form and is governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation THEORIES ON CONSTITUTION VS TREATY SUPREMACY 1. As provided in the Declaration of Rights and Duties of States, adopted by the International Law Commission on 9 June 1949, “Every State has the duty to carry out, in good faith, its obligations arising from treaties or other sources of international law, and it may not invoke provisions in its Constitution or its laws as an excuse for failure to perform this duty. 2. Most Constitutions contain provisions empowering the judiciary to annul treaties and the legislature to supersede them with Statutes, thereby establishing the primacy of the local law over the international agreement. NOTE: The 1987 Constitution of the Philippines provides that the judiciary may decide on the constitutionality of any treaty. BASIS OF INTERNATIONAL LAW 1. NATURALISTS – there is a natural and universal principle of right and wrong, independent of any mutual intercourse or compact 2. POSITIVISTS – positive identification with or acknowledgement of the law is necessary to make it binding on the States it purports to govern 3. ECCLECTICS/ GROTIANS – the system of international law is based on “the divide of right reason” as wells as “the practice of States” SANCTIONS OF INTERNATIONAL LAW (C-H-R-R-U) 1. Common belief and conviction that observance will redound to the welfare of the whole society of nations 2. Normal habits of obedience ingrained in the nature of man as a social being 3. Respect for world opinion held by most states to project an agreeable public image in order to maintain the goodwill and favorable regard of the rest of the family of nations 4. The constant and reasonable fear that violation of international law might visit upon the culprit the retaliation of other States 5. The machinery of the United Nations is an effective deterrent to international disputes caused by disregard of the law of nations OBSERVANCE VS ENFORCEMENT Observance is dependent on the volition of the entity subjected to the law, while Enforcement is a process of compelling observance, usually by force or threat. 3 | Notes on “Public International Law by Isagani Cruz, 1998 Edition” Outline by Charles Bautista, Arellano University School of Law

ENFORCEMENT OF INTERNATIONAL LAW (D-U-S) 1. Settling differences between themselves amicably through diplomatic talks or through hostile measures 2. United Nations through the Security Council and International Courts of Justice 3. Special arbitral tribunals created by agreement of parties NOTE: Internally, the legislature of the State may enact laws prescribing the rules for its observance, the executive through enforcement of such laws and the judiciary through application of such laws in proper cases. FUNCTIONS OF INTERNATIONAL LAW (P-E-P-E) 1. To promote for the orderly management of the relations of States 2. To establish peace and order in the community of nations and to prevent the employment of force, including war, in all international relations 3. To promote world friendship by leveling the barriers, as of color and creed 4. To encourage and ensure greater international cooperation in the solution of certain common problems of a political, economic, cultural or humanitarian character INTERNATIONAL MORALITY/ ETHICS – embodies those principles which govern the relations of States from the higher standpoint of conscience, morality, justice and humanity INTERNATIONAL COMITY – rules of courtesy for mutual relations; reciprocation INTERNATIONAL DIPLOMACY – relates to the object of national or international policy and the conduct of foreign affairs/ international relations JUS FECIALE – law of negotiations and diplomacy INTERNATIONAL ADMINISTRATIVE LAW – that body of laws and regulations created by the action of international conferences or commissions which regulate the relations and activities of national and international agencies with respect to those material and intellectual interests which have received an authoritative universal recognition.

4 | Notes on “Public International Law by Isagani Cruz, 1998 Edition” Outline by Charles Bautista, Arellano University School of Law

CHAPTER TWO SOURCES OF INTERNATIONAL LAW A. Primary Sources 1. Treaties and Convetions 2. Customs 3. General Principles of Law B. Secondary Sources 1. Decision of Courts 2. Writings of Highly Qualified Publicists TREATIES -

To be considered as a direct source of international law, must be concluded by a sizable number of States and thus reflect the will or at least the concensus of the family of nations If the treaty is binding only upon the signatories and cannot apply to the rest of the international community which had no participation in its negotiation or adoption, it shall be a source only of what is called “particular international law.”

CUSTOMS – A practice which has grown up between States and has come to be accepted as binding by mere fact of persistent usage over a long period of time GENERAL PRINCIPLES OF LAW - Mostly derived from the law of nature and are observed by the majority of States because they are believed to be good and just DECISION OF COURTS - May be international or national as long as they are a correct application and interpretation of the law of nations WRITINGS OF HIGHLY QUALIFIED PUBLICISTS - Must be fair and unbiased representation of international law, and must be by an acknowledged authority in the field

5 | Notes on “Public International Law by Isagani Cruz, 1998 Edition” Outline by Charles Bautista, Arellano University School of Law

CHAPTER THREE INTERNATIONAL COMMUNITY – the body of juridical entities which are governed by the law of nations SUBJECT VS OBJECT OF INTERNATIONAL LAW SUBJECT is an entity that has rights and responsibilities under that law while OBJECT is the person or thing in respect of which rights are held and obligations assumed by the subject. STATE – a group of people living together in a definite territory under an independent government organized for political ends and capable of entering into international relations, and recognized by a member of or all of the members of the family of nations as a member of the international community STATE VS NATION STATE is a legal concept while NATION is a racial/ ethnic concept; used interchangeably in the application of international law. ELEMENTS OF A STATE 1. People 2. Territory 3. Government 4. Sovereignty 5. Recognition CLASSIFICATION OF STATES A. Independent – has freedom in so fas as it relates to external affairs 1. Simple – placed under a single and centralized government exercising power over both its internal and external affairs 2. Composite – two or more states, each with its own government, but bound under a central authority exercising control over their external relations a. Real Union – two or more states merged under a unified authority so that they form a single international person b. Federal Union – two or more sovereign states which upon merger cease to be states c. Confederation – organization of state which retain their internal sovereignty while delegating to the collective body power to represent them as a whole for a certain limited and specified purpose d. Personal Union – two or more states come under the rule of the same monarch e. Incorporate Union – two or more states under a central authority empowered to direct both their external and internal affairs and possessed of a separate international personality 6 | Notes on “Public International Law by Isagani Cruz, 1998 Edition” Outline by Charles Bautista, Arellano University School of Law

NEUTRALIZED STATES – may be simple or composite, may be neutralized through agreement with other states by virtue of which the latter will guarantee its integrity and independence provided it refrains from taking any act that will involve it in a war or other hostile activity except for defensive purposes B. Dependent States – subject to the control of other states in the direction of their external affairs 1. Protectorate 2. Suzerainty NOTE: Fenwick distinguishes Protectorate from Suzerainty as “in other cases where the protectorate has enjoyed a degree of independence prior to the treaty, its status represents in theory a voluntary act of subordination to the protecting state by contrast with the concession of autonomy made by the suzerain state to the vassal state. OTHER MEMBERS OF THE INTERNATIONAL COMMUNITY 1. United Nations – mere organization of states but regarded as an international person 2. Vatican City 3. Colonies and Dependencies – part and parcel of the parent state 4. Mandates and Trust Territories – enjoys certain rights directly available to them under the UN Charter a. Those held under mandate of League of Nations b. Those detached from defeated states after World War II c. Those voluntarily placed under the system by the states responsible for their administration 5. Belligerent Communities 6. International Administrative Bodies – the purpose must be non-political and exercises autonomy 7. Individuals

7 | Notes on “Public International Law by Isagani Cruz, 1998 Edition” Outline by Charles Bautista, Arellano University School of Law

CHAPTER FOUR TIMELINE TO THE CREATION OF THE UNITED NATIONS After World War I

February 11, 1945

April 25 to June 26, 1945

•Creation of League of Nations

•Yalta Conference

•United Nations Conference on International Organization, held at San Francisco to draft charter

June 12, 1941

August to October 1944

October 24, 1945

•London Declaration

•Dumbarton Oaks Proposals Initial blueprint of the UN

•UN Charter came into force

August 14, 1941

December 1943

Present

•Atlantic Charter

•Teheran Conference

•193 members states of the United Nations

January 1, 1942

October 30, 1943

•Declaration by United Nations

•Moscow Declaration

UNITED NATIONS CHARTER - Composed of 111 Articles excluding the Preamble and concluding provisions - Considered a treaty because it derives its binding force from agreement of parties - Considered as a constitution as it provides for the organization and operations of the different organs of the United Nations - Amendments require two thirds of the general assembly including ALL the permanent members of the Security Council NOTE: The United Nations Charter may be applied to non-member States “so far as may be necessary for the maintenance of international peace and security.” PERMANENT MEMBERS OF THE SECURITY COUNCIL 1. United States 2. United Kingdom 3. China 4. France 5. Russia

8 | Notes on “Public International Law by Isagani Cruz, 1998 Edition” Outline by Charles Bautista, Arellano University School of Law

PREAMBLE OF THE UN CHARTER - Introduces the charter and sets the common intentions that moved the original members to unite their will and efforts to achieve their common purposes PURPOSES OF THE UNITED NATIONS (M-D-A-C) 1. To maintain international peace and security 2. To develop friendly relations among nations 3. To achieve international cooperation in solving international problems 4. To be a center for harmonizing the actions of nations 7 CARDINAL PRINCIPLES OF THE UNITED NATIONS (E-F-S-R-A-E-N) 1. The organization is based on the principle of the sovereign equality of all its members 2. All members, in order to ensure to all of them the rights and benefits resulting from membership, shall fulfill in good faith the obligations assumed by them in accordance with the present charter 3. All members shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice are not endangered 4. All members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations 5. All members shall give the United Nations every assistance in any action it takes in accordance with the present Charter, and shall refrain from giving assistance to any state against which the United Nations is taking preventive or enforcement action 6. The organization shall ensure that States which are not members of the United Nations act in accordance with these principles so far as may be necessary for the maintenance of international peace and security 7. Nothing contained in the present Charter shall authorize the United Nations to intervene in maters which are essentially within the domestic jurisdiction of any State or shall require the Members to submit such matters to settlement under the present Charter MEMBERSHIP IN THE UNITED NATIONS 1. Original or Charter Members - Those states which, having participated in the UN Conference in San Francisco or having previously signed the Declaration by the United Nations, signed and ratified the Charter of the United Nations 2. Elective Members - Admitted by decision of General Assembly upon favorable recommendation of the Security Council

9 | Notes on “Public International Law by Isagani Cruz, 1998 Edition” Outline by Charles Bautista, Arellano University School of Law

QUALIFICATIONS FOR ELECTIVE MEMBERS: (S-P-A-A-W) a. It must be a State b. It must be peace loving c. It must accept the obligations of the Charter d. It must be able to carry out these obligations e. It must be willing to carry out these obligations MEMBERSHIP PENALTIES (S-E-W) 1. Suspension – requires two thirds of General Assembly, 9 members of the Security Council with all permanent members 2. Expulsion – requires two thirds of General Assembly, qualified majority of the Security Council 3. Withdrawal – a member may withdraw from the United Nations if: a. The organization was revealed to be unable to maintain peace or could do so only at the expense of law and justice b. The member’s rights and obligations as such were changed by a Charter amendment in which it had not concurred or which it finds itself unable to accept c. An amendment duly accepted by the necessary majority either in the General Assembly or in a general conference is not ratified ORGANS OF THE UNITED NATIONS 1. Principal Organs a. General Assembly b. Security Council c. Economic and Social Council d. Trusteeship Council e. International Court of Justice f. Secretariat 2. Subsidiary Organs a. Military Staff Committee b. International Law Commission c. Commission on Human Rights

10 | Notes on “Public International Law by Isagani Cruz, 1998 Edition” Outline by Charles Bautista, Arellano University School of Law

CHAPTER FIVE CREATION OF A STATE (R-U-S-A-A) 1. Revolution 2. Unification 3. Secession 4. Assertion of Independence 5. Agreement and attainment of Civilization PRINCIPLE OF STATE CONTINUITY – the State continues as a juristic being notwithstanding changes in its circumstances, provided only that they do not result in loss of any of its essential elements EXTINCTION OF A STATE – when there is a radical impairment or actual loss of one or more of the essential elements of a State STATE SUCCESSION – takes place when one State assumes the rights and some of the obligations of another because of certain changes in the condition of the latter TYPES OF SUCCESSION 1. Universal – completely absorbed by successor 2. Partial – only a portion of the State is ceded CONSEQUENCES OF STATE SUCCESSION 1. As to Allegiance and Citizenship - Transferred to the successor State and considered naturalized en masse 2. As to Laws - Political laws are abrogated, restored only by a positive act of new sovereign; non-political laws are continued unless changes or in conflicts with institutions of successor State 3. As to Treaties - Considered discontinued except those dealing with local rights and duties 4. As to Rights - Inherited by successor State 5. As to Liabilities - Based on discretion of successor State SUCCESSION OF GOVERNMENTS – where one government replaces another either peacefully or by violent methods NOTE: Rights of old government are inherited in toto; If peaceful transfer, obligation are inherited in toto; If violent transfer, only those in ordinary course shall be inherited.

11 | Notes on “Public International Law by Isagani Cruz, 1998 Edition” Outline by Charles Bautista, Arellano University School of Law

12 | Notes on “Public International Law by Isagani Cruz, 1998 Edition” Outline by Charles Bautista, Arellano University School of Law

CHAPTER SIX NOTE: Even is an entity has acquired the elements of international personality, it is NOT for this reason alone automatically entitles it to membership in the family of nations. RECOGNITION – the acknowledgement of the status of an entity who has acquired the elements of international policy by those within the fold of the family of nations and their willingness to enter into relations with it as a subject of international law. REQUISITES OF RECOGNITION 1. Acknowledgement of its status by those already in the fold 2. Willingness to enter relations with it as a subject of international law OBJECTS OF RECOGNITION 1. State 2. Government 3. Belligerent Community KINDS OF RECOGNITION 1. Express – verbal or writing 2. Implied – enters into official intercourse INTENT OF RECOGNITION 1. To treat with the new State as such 2. To accept the new government as having authority to represent the State 3. To recognize, in case of insurgents, that they are entitled to belligerent rights TYPES OF RECOGNIZED GOVERNMENTS 1. De jure – empowered by law 2. De facto – empowered by the people a. That which is established by the inhabitants who rise in revolt against and depose the legitimate regime b. That which is established in the course of war by the invading forces of one belligerent in the territory of the other belligerent, the government of which is also displaced c. That which is established by the inhabitants of a State who seced therefrom without overthrowing its government

13 | Notes on “Public International Law by Isagani Cruz, 1998 Edition” Outline by Charles Bautista, Arellano University School of Law

TESTS OF CONTROL 1. OBJECTIVE TEST - Government must be able to maintain order and to repel external aggression 2. SUBJECTIVE TEST - Political acceptability DISTINCTIONS BETWEEN RECOGNIZING DE JURE AND DE FACTO 1. Recognition DE JURE is relatively permanent, DE FACTO is provisional 2. Recognition DE JURE vests title in the government to its properties abroad, DE FACTO does not 3. Recognition DE JURE brings about full diplomatic relations, DE FACTO is limited to certain juridical relations TOBAR OR WILSON PRINCIPLE – recognition shall not be extended to any government established byu revolution, civil war, coup d’etat or other forms of internal violence until the freely elected representatives of the people have organized a constitutional government STIMSON PRINCIPLE – it is incumbent upon the members of the League of Nations not to recognize any situation, treaty or agreement which may be brought about by means contrary to the Covenant of the League of Nations or to the Pact of Paris. ESTRADA DOCTRINE – [a state], as it saw fit, continue or terminate its relations with any country in which a political upheaval had taken place and in doing so, doing it does not pronounce judgment, either precipitately or a posteriori, regarding the right of foreign nations to accept, maintain, or replace their governments or authorities. EFFECTS OF RECOGNITION 1. Full diplomatic relations are established except where the government recognized is de facto 2. The recognized State has the right to sue in the courts of the recognizing State 3. The recognized State has a right to possession of the properties of its predecessors in the territory of the recognizing State 4. All acts of the recognized State or government are validated retroactively, preventing the recognizing State from passing upon their legality in its own courts BELLIGERENCY – when inhabitants of a State rise up in arms for the purpose of overthrowing the legitimate government

14 | Notes on “Public International Law by Isagani Cruz, 1998 Edition” Outline by Charles Bautista, Arellano University School of Law

REQUISITES IN RECOGNIZING BELLIGERENTS 1. There must be an organized civil government directing the rebel forces 2. The rebels must occupy a substantial portion of the territory of the State 3. The conflict between the legitimate government and the rebels must be serious, making the outcome uncertain 4. The rebels must be willing and able to observe the laws of war NOTE: It is only where the recognition is made by the parent State that the effects of recognition are made by the parent state that the effects of recognition become general and legally applicable to all other States.

15 | Notes on “Public International Law by Isagani Cruz, 1998 Edition” Outline by Charles Bautista, Arellano University School of Law

CHAPTER SEVEN FUNDAMENTAL RIGHTS OF A STATE 1. Right of Existence and Self-Defense 2. Right of Sovereignty and Independence 3. Right of Equality 4. Right of Property and Jurisdiction 5. Right of Legation or Diplomatic Intercourse NOTE: By virtue of the right of existence and self-defense, the State may take such measures, including the use of force, as may be necessary to resist any danger to its existence. NOTE FURTHER: Such action, being the exercise of an inherent right, does not depend on the recognition of other States for its validity PREEMPTIVE VS PREVENTIVE PREEMPTIVE is commenced to repel an imminent danger while PREVENTIVE is commenced to destroy a potential threat. REGIONAL ARRANGEMENT – defense treaties of a collective nature among States BALANCE OF POWER – an arrangement of affairs so that no State shall be in a position to have absolute mastery and dominion over others. AGGRESSION – is the use of armed force by a State against the sovereignty, territorial integrity, or political independence of another State, or in any manner inconsistent with the Charter of the UN as set out in this definition. REQUISITES OF RIGHT OF EXISTENCE AND SELF-DEFENSE 1. The right may be resorted to only upon a clear showing of a grave and actual danger to the security of the State 2. A necessity of Self-Defense which is instant, overwhelming and leaving no choice of means and no moment for deliberation

16 | Notes on “Public International Law by Isagani Cruz, 1998 Edition” Outline by Charles Bautista, Arellano University School of Law

CHAPTER EIGHT SOVEREIGNTY – the supreme, uncontrollable power inherent in a State by which that State is governed ASPECTS OF SOVEREIGNTY 1. Internal – power of the State to direct its domestic affairs 2. External – freedom of the State to control its own foreign affairs NOTE: Independence means freedom from control by other States and NOT freedom from the restrictions that are binding on all States INTERVENTION – an act by which a State interferes with the domestic or foreign affairs of another State/s through the employment of force or threat of force NOTE: General Rule: Intervention is not sanctioned in international relations EXCEPT: a) As an act of self-defense b) Decreed by Security Council for the maintenance of peace and security c) As agreed upon in treaty d) Requested from sister states of UN DRAGO DOCTRINE – agreement not to use armed force for the recovery of contract debts PORTER RESOLUTION – intervention was permitted if the debtor State refused an offer to arbitrate, prevented agreement on the compromis, or having agreed thereto, refused to abide by the award of the arbitrator

17 | Notes on “Public International Law by Isagani Cruz, 1998 Edition” Outline by Charles Bautista, Arellano University School of Law

CHAPTER NINE BASIS OF RIGHT OF EQUALITY 1. Article 2, UN Charter - The organization is based on the principle of the sovereign equality of all its members 2. Montevideo Convention of 1933 - States are juridically equal, enjoy the same rights, and have equal capacity in their exercise. The rights of each one do not depend upon the power it possesses to assure its exercise, but upon the simple fact of its existence as a person under international law. PAR IN PAREM NON HABET IMPERIUM – an equal has no power over an equal

18 | Notes on “Public International Law by Isagani Cruz, 1998 Edition” Outline by Charles Bautista, Arellano University School of Law

CHAPTER TEN TERRITORY – fixed portion of the surface of the eart inhabited by the people of the State METHODS TO ACQUIRE OR LOSE TERRITORY 1. Discovery and Occupation - A territory terra nullius is placed under the sovereignty of the discovering state Requisites: a) Possession b) Administration NOTE: INCHOATE TITLE OF DISCOVERY performs the functions of barring other States from entering the territory until the lapse of a reasonable period within which the discovering State may establish a settlement thereon and commence to administer it 2. Prescription - Required as long, continued, and adverse possession to vest acquisitive title NOTE: No rule in international law fixes the period of possession. 3. Cession - Transfer from one State to another by agreement 4. Subjugation - Having been conquered or occupied in the course of war, territory is formally annexed to conquering State 5. Dereliction - Physical withdrawal from territory with the intention of abandoning it altogether 6. Accretion - An addition to the principal becomes part of it (accession cedat principali) COMPONENT OF TERRITORY 1. Terrestrial Domain - Refers to land mass, may be: a. Integrate b. Dismembered c. Partly bounded by water d. Archipelagic 19 | Notes on “Public International Law by Isagani Cruz, 1998 Edition” Outline by Charles Bautista, Arellano University School of Law

2. Maritime and Fluvial Domain - Consists of the bodies o water within the land mass and waters adjacent to the coasts of the State up to a specified limit a. Rivers – national, multi-national, international, boundary b. Bays c. Territorial Sea – 12 Miles from Low Water Mark d. Contiguous Zone – 12 Miles from end of Territorial Sea e. Exclusive Economic Zone – 200 Miles from end of Contiguous Zone NOTE: ARCHIPELAGIC DOCTRINE – provides that internal waters, regardless of breadth and dimensions, form part of the State’s territory METHODS DEFINING TERRIRORIAL SEA a. Normal Baseline – low water mark b. Straight Baseline – connect appropriate points on the coast without departing radically from its general direction 3. Aerial Domain - Airspace above terrestrial, and maritime and fluvial domains (not including outer space)

20 | Notes on “Public International Law by Isagani Cruz, 1998 Edition” Outline by Charles Bautista, Arellano University School of Law

CHAPTER ELEVEN JURISDICTION – authority exercised by a state over persons or things within or sometimes outside its territory TYPES OF JURISDICTION 1. Personal Jurisdiction – power exercised by a State over its nationals 2. Territorial Jurisdiction – jurisdiction of a State over all persons and property within its territory EXCEPT: a. Foreign States, heads of states, diplomatic representatives, and consuls to a certain degree b. Foreign State property, including embassies, consulates, and public vessels engaged in non-commercial activities c. Acts of State d. Foreign merchant vessels exercising the rights of innocent passage or arrival under stress e. Foreign armies passing through or stationed in its territory with permission f. Such other persons or property, including organizations like the United Nations, over which it may, by agreement, waive jurisdiction TYPES OF TERRITORIAL JURISDICTION 1. Land Jurisdiction 2. Maritime and Fluvial Jurisdiction a. Contiguous Zone – 24 Nautical Miles from Baseline b. Continental Shelf c. Patrimonial Sea / Exclusive Economic Zone 3. Aerial Jurisdiction 4. Other Territories a. Assertion of personal jurisdiction over its nationals or over crimes against national interest b. On strength of relations with other States c. Waiver of jurisdiction by other States d. Acquisition of extraterritorial rights e. Enjoyment of easements or servitudes RULES ON MARITIME AND FLUVIAL JURISDICTION 1. English Rule – Right by coastal state 2. French Rule – Right by flag state

21 | Notes on “Public International Law by Isagani Cruz, 1998 Edition” Outline by Charles Bautista, Arellano University School of Law

FIVE AIR FREEDOMS 1. The freedom to fly across foreign territory without landing 2. The freedom to land for non-traffic purposes 3. The freedom to put down traffic originating in the state of the aircraft 4. The freedom to embark traffic destined for the state of the aircraft 5. The freedom to embark traffic destined for or to put down traffic originating in a third state NOTE: Outer Space or the region beyond the earth’s atmosphere is not subject to jurisdiction of any State. Outer Space and all celestial bodies are free for exploration for everyone.

22 | Notes on “Public International Law by Isagani Cruz, 1998 Edition” Outline by Charles Bautista, Arellano University School of Law

CHAPTER TWELVE

RIGHT OF LEGATION – the right to send and receive diplomatic representatives AGENTS OF DIPLOMATIC INTERCOURSE 1. Head of State 2. Foreign Secretary or Minister 3. Diplomatic Envoys a. Ambassadors or Nuncios b. Envoys, Ministers or Internuncios c. Charges d’ Affairs DIPLOMATIC CORPS – a body consisting of the different diplomatic representatives who have been accredited to the same local or receiving State. PRACTICE OF AGREATION – means of which informal inquiries are addressed to the receiving State regarding a proposed diplomatic representative of the sending State. NOTE: The credentials of the diplomatic agent include chiefly the letter of credence by means of which he is accredited to the receiving State. DIPLOMATIC FUNCTIONS 1. Representing the sending State in the receiving State 2. Protecting the interests of the sending State and its nationals in the receiving State 3. Negotiating with the government of the receiving State 4. Ascertaining by all lawful means, conditions and developments in the receiving State and reporting thereon to the government of the sending State 5. Promoting friendly relations between the sending and receiving States and developing their economic, cultural and scientific relations NOTE: Diplomatic mission may also perform consular functions in the absence of a consular mission from the sending State. NOTE FURTHER: Based largely on international custom, most of the diplomatic privileges and immunities have been reaffirmed and are now expressly provided for in the Diplomatic Convention of 1961.

23 | Notes on “Public International Law by Isagani Cruz, 1998 Edition” Outline by Charles Bautista, Arellano University School of Law

DIPLOMATIC IMMUNITIES AND PRIVILEGES 1. Personal inviolability 2. Immunity form jurisdiction 3. Inviolability of diplomatic premises 4. Inviolability of archives 5. Inviolability of communication 6. Exemption from Testimonial Duties 7. Exemption from taxes 8. Other privileges: a. Freedom of movement b. Exemption from personal or public services, and military obligation c. Right to use flag and emblem NOTE: Immunities and privileges are also available to the family of the head of mission, and members of the diplomatic retinue. DIPLOMATIC RETINUE – composed of the diplomatic staff, administrative and technical staff, and service staff MEANS OF TERMINATION OF DIPLOMATIC MISSION 1. International Law – recall or dismissed 2. Municipal Law – death, removal, resignation, and abolition of the office

24 | Notes on “Public International Law by Isagani Cruz, 1998 Edition” Outline by Charles Bautista, Arellano University School of Law

CHAPTER THIRTEEN

CONSULS – State agents residing abroad mainly in the interest of commerce and navigation of the Sending State KINDS OF CONSULS 1. Consules Missi – professional or career consuls who are nationals of the appointing State and required to devote their full time to the discharge of their consular duties 2. Consules Electi – may or may not be nationals of the appointing State and perform consular functions only in addition to their regular calling LEVELS/ GRADES OF CONSULAR POSTS 1. Consul General 2. Consul 3. Vice Consul 4. Consular Agent SOURCES OF CONSUL AUTHORITY 1. Lettre de Provision – commission of the sending State 2. Exequatur – authority given by the receiving State NOTE: Consuls are public officers not only of the sending State but also of the receiving State. He is governed by the laws of both States. FUNCTIONS OF A CONSUL 1. Duties of commerce and navigation 2. Duties of passport and visa issuance 3. Duties of protection of nationals CONSUL IMMUNITIES AND PRIVILEGES 1. Right to official communication 2. Inviolability of archives 3. Exempt from criminal liability pertaining to those in exercise of official functions 4. Tax Exemption 5. Exempt from militia service 6. Exempt from social security rules (local) 7. Privilege to display flag and insignia NOTE: Consular privileges extend to their families and private staff. 25 | Notes on “Public International Law by Isagani Cruz, 1998 Edition” Outline by Charles Bautista, Arellano University School of Law

TERMINATION OF CONSULAR MISSION 1. Removal 2. Death 3. Resignation 4. Expiration of term 5. Revocation of Commission / Exequatur

26 | Notes on “Public International Law by Isagani Cruz, 1998 Edition” Outline by Charles Bautista, Arellano University School of Law

CHAPTER FOURTEEN

TREATY – an international agreement concluded between States in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation. (Vienna Convention on the Law of Treaties) FUNCTIONS OF TREATIES 1. Enable parties to settle finally actual and potential conflicts 2. Modify the rules of international customary law by means of optional principles and standards 3. Lead transformation of unorganized international society into one which may be organized on any chosen level of social integration 4. Provide humus for growth of international customary law ESSENTIAL REQUISITES OF A VALID TREATY 1. Treaty making capacity 2. Authorized representatives 3. Freedom of consent 4. Lawful subject matter 5. Compliance with Constitutional processes TREATY MAKING PROCESS 1. Negotiation 2. Authentication 3. Ratification 4. Exchange of Instruments NOTE: Generally, third states are not bound by treaties they are not a signatory to; however, it may be bound in three conditions/ occasions: 1. If the treaty is a mere expression of international customary law 2. If it’s necessary to maintain peace and security of the international community 3. Treaty may expressly extend benefits to other States PACTA TERTIIS NEC NOCENT NEC PROSUNT – treaties only bind the parties; it does not create obligations to third states PACTA SUNT SERVANDA – performance of treaty obligations in good faith REBUS SIC STANTIBUS – things thus standing; inapplicability of treaties because of a fundamental change of circumstances

27 | Notes on “Public International Law by Isagani Cruz, 1998 Edition” Outline by Charles Bautista, Arellano University School of Law

LIMITATIONS OF REBUS SIC STANTIBUS 1. Applies to treaties with indefinite periods 2. Change should have been unforeseen or unforeseeable and not caused by the party invoking the doctrine 3. Invoked within reasonable time 4. Cannot operate retroactively NOTE: Treaties are to be interpreted based on its ordinary meaning giving effect to the intention of the parties. NOTE FURTHER: Treaties are to be interpreted based on its ordinary meaning giving effect to the intention of the parties. TERMINATION OF TREATIES 1. Expiration of term 2. Accomplishment of the purpose 3. Impossibility of performance 4. Loss of subject matter 5. Desistance by express mutual consent 6. Novation 7. Extinction of the parties 8. Change of circumstance 9. Outbreak of war

28 | Notes on “Public International Law by Isagani Cruz, 1998 Edition” Outline by Charles Bautista, Arellano University School of Law

CHAPTER FIFTEEN

NATIONALITY – tie that binds an individual to his state ACQUISITION OF NATIONALITY 1. By Birth a. Jus Soli – nationality of State where one is born b. Jus Sangguinis – nationality of parents 2. Naturalization a. Direct - When an individual undergoes naturalization proceedings - By special act of legislature to an individual who has rendered some notable service - By collective change due to cession or subjugation - By adoption of orphans b. Derivative - On the wife of naturalized husband - On minor children of naturalized parents - On alien women upon marriage to a local MULTIPLE NATIONALITY – possession of two or more nationalities by operation of domestic laws DOCTRINE OF INDELIBLE ALLEGIANCE – an individual may be compelled to retain his original nationality notwithstanding that he has already renounced or forfeited such nationality LOSS OF NATIONALITY 1. Voluntary a. Renunciation b. Release 2. Involuntary a. Forfeiture b. Substitution PRINCIPLE OF EFFECTIVE/ ACTIVE NATIONALITY – a third state, without prejudice to its laws on status, shall recognize exclusively in its territory one nationality of an individual, either the country which he is habitually or principally resident OR nationality of the country which in the circumstances he appears to be in fact most closely connected. STATELESSNESS – status of an individual who is born without any nationality or loses his nationality without acquiring another. 29 | Notes on “Public International Law by Isagani Cruz, 1998 Edition” Outline by Charles Bautista, Arellano University School of Law

CHAPTER SIXTEEN

DOCTRINE OF STATE RESPONSIBILITY – a state may be held responsible for an international delinquency directly or indirectly imputable to it which causes injury to the national of another state. NOTE: Liability will attach to the State where its treatment of an alien falls below the international standard of justice or where it is remiss in according him the protection or redress that is warranted by the circumstances INTERNATIONAL STANDARD OF JUSTICE – standard of a reasonable state referring to the ordinary norms of official conduct observed in civilized jurisdictions DOCTRINE OF EQUALITY OF TREATMENT – standard of justice applicable equally to foreign nationals and citizens of a State NOTE: Where the international delinquency was made by superior government officials, liability will be attached immediately as their acts may not be effectively prevented or reversed under the Constitution and laws of the State. For inferior government officials or private citizens, the State may be held liable only if, by reason of its indifference in preventing or punishing it, it can be considered to have connived in effect in its commission. EXHAUSTION OF LOCAL REMEDIES – a principle that where there is a judicial remedy, it must be sought; only if it had sought in vain does diplomatic interposition become proper. ENFORCEMENT OF CLAIM 1. Restitution 2. Satisfaction 3. Compensation CALVO CLAUSE – a stipulation by which the alien waives or restricts his right to his own State in connection with any claim EXCLUSION VS DEPORTATION VS EXTRADITION EXCLUSION is a means of avoiding state responsibility by refusing entry of an alien into the State, while DEPORTATION is a means of sending an alien, who has violated the conditions of his stay or any of the immigration laws of the State, back to his country of origin. EXTRADITION is the surrender of a person by one state to another where he is wanted for prosecution.

30 | Notes on “Public International Law by Isagani Cruz, 1998 Edition” Outline by Charles Bautista, Arellano University School of Law

FUNDAMENTAL PRINCIPLES OF EXTRADITION 1. Extradition is based on the consent of the State of Asylum as expressed in a treat or manifested as an act of goodwill. 2. Under the PRINCIPLE OF SPECIALTY, a fugitive who is extradited may be tried only for the crime specified in the request for extradition and included in the list of offenses in the extradition treaty. 3. Any person may be extradited, whether he be a national of the requesting State, State of refuge or a third State. 4. Political and religious offenders are generally not subject to extradition. 5. In the absence of special agreement, the offense must have been committed within the territory or against the interests of the demanding state. 6. The act for which the extradition is sought must be punishable in both the requesting and requested States (RULE OF DOUBLE CRIMINALITY). NOTE: Provided in the ATTENTAT CLAUSE, the murder of the head of state or any member of his family is not to be regarded as a political offense for purposes of extradition, neither under the Genocide Convention PROCEDURE OF EXTRADITION 1. Presentation of request of extradition through diplomatic channels, including papers relative to the identity of the wanted person and the crime allegedly committed, or convicted of. 2. State of refuge will conduct judicial investigation if crime is covered by the extradition treaty and if there is prima facie case against the fugitive according to its own laws. 3. A warrant of surrender will be drawn and the fugitive will be delivered to the State of origin

31 | Notes on “Public International Law by Isagani Cruz, 1998 Edition” Outline by Charles Bautista, Arellano University School of Law

CHAPTER SEVENTEEN INTERNATIONAL DISPUTE - an actual disagreement between states regarding the conduct to be taken by one of them for the protection or vindication of the interests of the other. SITUATION – the initial stage of dispute where the disagreement has not yet ripened into a full blown conflict or the issues have not yet been sufficiently formulated and defined. STIPULATION – sufficient formulation or definition of issues in a dispute TYPES OF DISPUTES 1. Legal – if it involved justiciable rights based on law or fact susceptible of adjudication by a judicial or arbitral tribunal 2. Political – if it cannot be decided by legal processes on the basis of the substantive rules of international law; the solution of which may only be resolved through acts of diplomacy METHODS OF SETTLING DISPUTES 1. Amicable Methods a. Negotiation – discussions undertaken by the parties themselves of their respective claims and counterclaims b. Inquiry – an investigation of the points in question by an impartial and conscientious body c. Good Offices – a third party attempts to bring the disputing states together in order to enable them to discuss the issues in contention and arrive at an agreement d. Mediation – a third party not only brings the parties together for negotiation but also actively participates in the discussion to resolve the issues e. Conciliation – similar to mediation but the third party is solicited by the parties f. Arbitration – the solution of a dispute by an impartial third party, usually a tribunal created by the parties themselves; the proceedings of which are judicial and binding g. Judicial Settlement – judicial proceedings by ad hoc or pre-existing judicial bodies such as the International Court of Justice h. Action by Regional Organizations – settlement by a regional organization brought by the parties or by the organization to which the parties are members to such as ASEAN

32 | Notes on “Public International Law by Isagani Cruz, 1998 Edition” Outline by Charles Bautista, Arellano University School of Law

2. Hostile Methods a. Retorsion – action taken in retaliation where the acts complained of do not constitute a legal ground of offense but are rather in the nature of unfriendly acts but indirectly hurtful to other States. b. Reprisals – an act of self-help on the part of the injured state, responding after an unsatisfied demand to an act contrary to international law on the part of the offending State i. Display of force ii. Occupation of territory iii. Embargo iv. Blockade c. Intervention – an act by which a State interferes with the domestic or foreign affairs of another State/s through the employment of force or threat of force JURISDICTION OF UN SECURITY COUNCIL 1. All disputes affecting international peace and security 2. All disputes, although domestic, has been submitted to it by the parties for settlement

33 | Notes on “Public International Law by Isagani Cruz, 1998 Edition” Outline by Charles Bautista, Arellano University School of Law

CHAPTER EIGHTEEN

WAR – An armed contention between the public forces of states or other belligerent communities, implying the employment of violence among the parties as a means of enforcing their respective demands upon each other. LAWS OF WAR 1. Declaration of Paris of 1856 concerning Warfare at Sea 2. Hague Conventions of 1899 concerning the use of expanding bullets and asphyxiating gases 3. Hague Conventions of 1907 4. Geneva Convention of 1925 concerning the use of asphyxiating, poisonous and other gases and of bacteriological methods of warfare 5. Geneva Convention of 1929 concerning the treatment of the sick and wounded and of prisoners of war 6. Declaration of London of 1936 concerning the use of submarines against merchant vessels 7. Geneva Convention of 1949 8. Nuclear Nonproliferation Treaty COMMENCEMENT OF WAR 1. By express declaration 2. By an ultimatum with conditional declaration 3. In the absence of such, the moment of the first act of force committed by one state with intent of making war or committed without such intent but considered by another state as constituting war EFFECTS OF WAR 1. The laws of peace cease to regulate the relations of the belligerents and are superseded by the laws of war. Third states are governed by the laws of neutrality in their dealings with the belligerents. 2. Diplomatic and consular relations between belligerents are terminated and their respective representatives are allowed to return to their own countries. 3. Treaties of a political nature are automatically cancelled 4. Individuals are impressed with enemy character through the following tests: a. Nationality Test – nationals of the other belligerent b. Domiciliary Test – domiciled aliens in the territory of the belligerent c. Activities Test – despite being foreigners, participated in the hostilities in favor of the other belligerent 5. Enemy public property found in the territory of the other belligerent at the outbreak of hostilities is, with certain exceptions, subject to confiscation.

34 | Notes on “Public International Law by Isagani Cruz, 1998 Edition” Outline by Charles Bautista, Arellano University School of Law

COMBATANTS VS NON COMBATANTS COMBATANTS are those who engage directly in the hostilities while NON COMBATANTS are those who do not. Whenever possible, non-combatants shall not be subjected to attack. Only combatants may lawfully wage war and are thus subject to direct attack form the enemy. WHO ARE COMBATANTS? 1. Members of the Armed Forces, except those not actively engaged in combat such as chaplains and medical personnel 2. Irregular forces provided that: a. They are commanded by a person responsible for his subordinates b. They wear a fixed distinctive sign recognizable at a distance c. They carry arms openly d. They conduct their operations in accordance with the laws and customs of war 3. Levee en masse – inhabitants of unoccupied territory who take up arms to resist invading troops 4. Officers and crew of merchant vessels who forcibly resist attack RIGHTS OF COMBATANTS WHO ARE PRISONERS OF WAR 1. To be accorded the proper respect commensurate with their rant 2. To be given adequate food and clothing 3. To safe and sanitary quarters 4. To medical assistance 5. To refuse to give military information or render military service against own State 6. To communicate with their family NOTE: Non-combatants do not enjoy identical rights but are nevertheless protected from inhumane treatment under the Geneva Convention of 1949 relative to the treatment of civilian prisoners in time of war. PRINCIPLE OF MILITARY NECESSITY – employ any amount and kind of force to compel the complete submission of the enemy with the least possible loss of lives, time and money. PRINCIPLE OF HUMANITY – prohibition on the use of any measure that is not absolutely necessary for the purposes of the war. PRINCIPLE OF CHIVALRY – requires belligerents to give proper warning before launching a bombardment or prohibit the use of perfidy in the conduct of the hostilities.

35 | Notes on “Public International Law by Isagani Cruz, 1998 Edition” Outline by Charles Bautista, Arellano University School of Law

SPY – an individual acting clandestinely or under false pretenses, he obtains or seeks to obtain information in the zone of operations of a belligerent, with the intention of communicating it to the hostile party. KINDS OF WARFARE 1. By Land 2. By Sea 3. By Air THEATRE OF WAR – is the place where the hostilities are actually conducted REGION OF WAR – greater area where belligerents may lawfully engage each other BELLIGERENT OCCUPATION – territory is deemed occupied when it is actually placed under the authority of the hostile army, but this occupation is limited only to the area where such authority has been established and can be effectively exercised. EFFECTS OF BELLIGERENT OCCUPATION 1. The belligerent is required to restore and ensure public order and safety while respecting, unless absolutely prevented, the laws in force in the country. 2. The belligerents may promulgate new laws 3. The belligerents may exact contributions from the populace over and above the regular taxes for the needs of the army of occupation or for the administration of the territory 4. No general penalty can be inflicted on the population on account of the acts of individuals for which it cannot be regarded as collectively responsible 5. The belligerents may introduce military currency provided it does not debase the country’s economy. 6. Private property cannot be confiscated, but those susceptible of military use may be seized, subject to restoration or compensation when peace is made. 7. The army of occupation can only take possession of cash, funds and realizable securities which are strictly the property of the State, depots of arms, means of transport, stores and supplies, and generally movable property belonging to the state which may be used for military operations. 8. Occupying state shall be regarded only as administrator and usufructuary of public buildings, real estate, forests, agricultural estates belonging to the hostile state and situated in the occupied territory. RIGHT OF POSTLIMINY / POSTLIMINIUM – is that in which persons or things taken by the enemy are restored to the former state on coming actually into the power of the nation to which they belong

36 | Notes on “Public International Law by Isagani Cruz, 1998 Edition” Outline by Charles Bautista, Arellano University School of Law

JUS POSTLIMINIUM – reinstatement of the authority of the displaced government once control of the enemy is lost over the territory affected NON HOSTILE INTERCOURSE 1. FLAG TRUCE – a white flag carried by an individual authorized by one belligerent to enter into communications with the other. The bearer or PARLEMENTAIRE is entitled to inviolability as long as he does not take advantage of his privileged position to commit an act of treachery. 2. CARTELS – agreements to regulate intercourse during war on such matters as postal and telegraphic communication, the reception of flag truce and the exchange of prisoners. 3. PASSPORT – a written permission given by the belligerent government or its authorized agent to the subjects of the enemy State to travel generally in belligerent territory. 4. SAFE CONDUCT – a pass given to an enemy subject or to an enemy vessel allowing passage between defined point. 5. SAFEGUARD – a protection granted by a commanding officer either to enemy persons or property within his command. 6. LICENSE TO TRADE – a permission given by the competent authority to individuals to carry on trade even though there is a state of war. May be general or special. SUSPENSION OF HOSTILITIES 1. SUSPENSION OF ARMS – is a temporary cessation of the hostilities by agreement of the local commanders for such purposes as the gathering of the wounded and the burial of the dead. 2. ARMISTICE – is the suspension of all hostilities within a certain area or in the entire region of the war agreed upon by the belligerent governments, usually for the purpose of arranging the terms of the peace. 3. CEASE FIRE – an unconditional stoppage of hostilities by order of an international body like the UN Security Council for the purpose of employing peaceful means of settling the differences between the belligerents. 4. TRUCE – sometimes used interchangeably with armistice but is now considered cease fire with conditions attached. 5. CAPITULATION – is the surrender of military forces, places or districts in accordance with the rules of the military honor. TERMINATION OF WAR 1. Cessation of hostilities 2. Conclusion of a negotiated treaty of peace 3. Defeat of one of the belligerents

37 | Notes on “Public International Law by Isagani Cruz, 1998 Edition” Outline by Charles Bautista, Arellano University School of Law

CHAPTER NINETEEN

NEUTRALITY VS NEUTRALIZATION NEUTRALITY is a state of not taking part in the conflict of belligerents governed by the laws of war while NEUTRALIZATION is a positive act or agreement of declaring areas of the state as neutral territory. NOTE: The Laws of Neutrality govern the relations of (1) the belligerent state and the neutral state, as well as the (b) belligerent state with the nationals of the neutral state. RIGHTS AND DUTIES OF NEUTRAL STATES 1. To abstain from taking part in the hostilities and from giving assistance to either belligerents 2. To prevent its territory and other resources from being used in the conduct of hostilities by the belligerents 3. To acquiesce in certain restrictions and limitations that the belligerents may find necessary to impose, especially in connection with international commerce RIGHTS AND DUTIES OF BELLIGERENT STATES TOWARD NEUTRAL STATES 1. To respect the status of the neutral state 2. To avoid any act that will directly or indirectly involve the neutral state in the conflict 3. To submit to any lawful measures it may take to maintain or protect the neutrality of such state INVIOLABILITY OF NEUTRAL STATES Belligerents cannot use neutral territories for: 1. Movement of their troops 2. Transport of war supplies 3. Erection of wireless stations for exclusively military purposes 4. Recruitment of soldiers 5. Undertaking of military operations in general PRIZE – confiscated vessels engaged in the hostilities; subject to the award of a PRIZE COURT. TREATMENT OF SEA BORNE GOODS IN TIME OF WAR 1. Enemy goods under neutral flag are not subject to capture except contraband of war. 2. Neutral goods under enemy flag are not subject to capture except contraband of war. CONTRABAND – goods which may be seized by a belligerent because they are useful for war and are bound for a hostile destination. Absolute contraband are those such as weapons, Conditional contraband are those such as food and clothes, and Free List contraband are those such as medicines, the last category is not subject to confiscation for humanitarian purposes. 38 | Notes on “Public International Law by Isagani Cruz, 1998 Edition” Outline by Charles Bautista, Arellano University School of Law

DOCTRINE OF ULTIMATE CONSUMPTION – goods intended for civilian use which may ultimately find their way to and be consumed by the belligerent forces are also liable to seizure on their way DOCTRINE OF INFECTION – condemnation of innocent goods shipped together with contraband DOCTRINE OF ULTIMATE DESTINATION – liability of contraband to capture is determined by their real destination DOCTRINE OF CONTINUOUS VOYAGE – goods are reloaded at the intermediate port on the same vessel DOCTRINE OF CONTINUOUS TRANSPORT – goods are reloaded on another vessel or other form of transportation BLOCKADE – hostile operation by means of which the vessels and aircraft of one belligerent prevent all other vessels from entering or leaving the ports or coasts of the other belligerence, the purpose being to shut off the place from international commerce and communication with other states. REQUISITES OF VALID BLOCKADE 1. Binding and duly communicated to neutral states 2. Effective as to make ingress or egress from the port dangerous 3. Established by proper authorities of belligerent state 4. Limited only to the territory of the enemy and not extended to neutral places 5. Impartially applied to all states alike UNNEUTRAL SERVICE – consists of acts of a more hostile character than carriage of contraband or breach of blockade, which are undertaken by merchant vessels of a neutral state in aid of any of the belligerents REQUISITES OF UNNEUTRAL SERVICE 1. If it is making a voyage special with a view to the transport of individual passengers who are embodies in the armed forces of the enemy or with a view to the transmission of information in the interest of the enemy; OR 2. If with knowledge of the owner, or the one who charters the entire vessel, or of the master, it is transporting a military detachment of the enemy or one or more persons, who, during the voyage, lend direct assistance to the operations of the enemy

39 | Notes on “Public International Law by Isagani Cruz, 1998 Edition” Outline by Charles Bautista, Arellano University School of Law

CONDEMNATION OF NEUTRAL VESSELS 1. If it takes a direct part in the hostilities 2. If it is under the orders or control of an agent placed on board by the enemy 3. If it is chartered entirely by the enemy 4. If it is at the time and exclusively either devoted to the transport of enemy troops or the transmission of information in the interest of the enemy RIGHT OF ANGARY – a belligerent may, upon payment of just compensation, seize, use or destroy neutral property found in its territory. REQUISITES OF RIGHT OF ANGARY 1. That the property is in the territory under the control or jurisdiction of the belligerent 2. That there is urgent necessity for the taking 3. That just compensation is paid to the owner TERMINATION OF NEUTRALITY 1. When it joins the war 2. Conclusion of peace

40 | Notes on “Public International Law by Isagani Cruz, 1998 Edition” Outline by Charles Bautista, Arellano University School of Law